{"data":{"id":"us-ky/krs-218a.020","jurisdiction":"us-ky","citation":"KRS 218A.020","heading":"Cabinet for Health and Family Services to administer chapter --","body":"Control of substances rescheduled under federal law -- Office of Drug\nControl Policy may request scheduling of substances meeting criteria.\n(1) The Cabinet for Health and Family Services shall administer this chapter and\nmay  by administrative regulation add substances to or delete or reschedule all\nsubstances enumerated in the schedules authorized under this chapter. In\nmaking  a determination regarding a substance, the Cabinet for Health and\nFamily Services may consider the following:\n(a) The actual or relative potential for abuse;\n(b) The scientific evidence of its pharmacological effect, if known;\n(c) The state of current scientific knowledge regarding the substance;\n(d) The history and current pattern of abuse;\n(e) The scope, duration, and significance of abuse;\n(f) The risk to the public health;\n(g) The  potential of the substance to produce psychic or physiological\ndependence  liability; and\n(h) Whether the substance is an immediate precursor of a substance already\ncontrolled under this chapter.\n(2) After considering the factors enumerated in subsection (1) of this section, the\nCabinet for Health and Family Services may adopt a regulation controlling the\nsubstance if it finds the substance has a potential for abuse.\n(3) (a) If any substance is designated or rescheduled as a controlled substance\nunder the federal Controlled Substances Act, the drug shall be considered\nto be controlled at the state level in the same  numerical schedule\ncorresponding to the federal schedule.\n(b) Notwithstanding paragraph (a) of this subsection, the Cabinet for Health\nand  Family Services may  file an amendment  to the administrative\nregulations promulgated pursuant to this section to control the substance\nin a more restrictive numerical schedule than the federal schedule as\npermitted by subsection (1) of this section.\n(4) The  Cabinet for Health and Family Services shall exclude any nonnarcotic\nsubstance from a schedule if the substance may  be lawfully sold over the\ncounter without prescription under the provisions of the Federal Food, Drug\nand Cosmetic Act, or the Federal Comprehensive Drug Abuse Prevention and\nControl Act of 1970, or the Kentucky Revised Statutes (for the purposes of this\nsection the Kentucky Revised Statutes shall not include any regulations issued\nthereunder).\n(5) The Office of Drug Control Policy may request that the Cabinet for Health and\nFamily Services schedule any substance that would meet the criteria to be\nscheduled pursuant to this chapter. The cabinet shall consider the request\nutilizing the criteria established by this section and shall issue a written\nresponse  within sixty (60) days of the scheduling request delineating the\ncabinet's decision to schedule or not schedule the substance and the basis for\nthe cabinet's decision. The  cabinet's response shall be provided to the\nLegislative Research Commission and shall be a public record.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45891","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:29Z","sha256":"c3ea33e4d77ce97de1f1ce63fb8069554244ab76aa59994a37cd7012d2ed3d27","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.015","next":"us-ky/krs-218a.025"},"notice":"GroundRules: Original legal text. Not legal advice."}